Suspension of benefits is proper where claimant establishes through his testimony that he has removed himself from the work force to be the primary caregiver for his children.

The claimant sustained a work-related injury to his left shoulder on June 1, 2015. The employer issued a Medical Only Notice of Temporary Compensation Payable which, thereafter, converted to a Notice of Compensation Payable. The claimant then filed a claim petition, seeking wage loss benefits as of Augusta 3, 2015, and ongoing. The employer filed a termination petition, alleging the claimant was fully recovered.

The workers’ compensation judge granted the claim petition and dismissed the termination petition but suspended the claimant’s benefits because the claimant failed to meet his burden of proving his work injury forced him out of the entire labor market. Both the employer and the claimant appealed to the Appeal Board, which reversed the suspension of the claimant’s wage loss benefits.

In its appeal to the Commonwealth Court, the employer argued the evidence established that the claimant removed himself from the work force. In reviewing the evidentiary record, the Commonwealth Court found the claimant unequivocally testified that he stopped looking for work, in part, due to his shoulder condition and, in part, due to the economics of his personal situation. They noted the claimant acknowledged there was work he could do, but chose not to pursue, because of personal financial considerations. Consequently, the employer was not required to present evidence of available work within the claimant’s restrictions or to provide expert testimony regarding the claimant’s earning power. The court, therefore, reversed the Appeal Board and held the suspension of benefits was proper, based on the claimant’s testimony that he chose not to find work within his restrictions and which he was capable of performing in order to become the primary caregiver for his children.

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